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(영문) 서울서부지방법원 2018.11.29 2018가단208027
손해배상(자)
Text

1. Around 10:42 on April 19, 2016, ownership B of advanced transportation owned by the company in front of the Sacheon-dong in Seodaemun-gu Seoul Metropolitan Government.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. Facts of recognition 1) The driver belonging to the advanced transportation company (hereinafter “Plaintiff”) is the Plaintiff’s vehicle B around 10:42 on April 19, 2016 (hereinafter “Plaintiff”).

2) On the wind that occurred in the southwest-gu Seoul Southern-dong, Seodaemun-gu, the Defendant, a passenger of the above vehicle, was the victim of the accident (hereinafter “instant accident”).

2) As a result of the instant accident, the Defendant suffered from the Defendant’s injury to the satisf and tension.

3) The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for the Plaintiff’s vehicle (based on recognition). The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for the Plaintiff’s vehicle (based on recognition), without dispute, and evidence Nos. 1, 2

each entry, video, and the purport of the whole oral proceedings

B. According to the facts found earlier prior to recognition of liability, the Defendant was injured by the operation of the Plaintiff’s vehicle, and thus, the Plaintiff is liable to compensate the Defendant for the damages incurred by the instant accident as a mutual aid business operator of the Plaintiff’s vehicle

C. As to the limitation of liability, the Plaintiff alleged that the Defendant’s negligence was the cause of the occurrence and expansion of damages caused by the instant accident, so it is insufficient to recognize that there was negligence on the part of the Defendant solely based on the descriptions and images of evidence Nos. 2, 3, and 4. There is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's above assertion is without merit to further examine.

2. Scope of liability for damages

A. The Defendant’s medical expenses incurred from the instant accident are KRW 919,140,00 as indicated in the attached Form “Determination on the Defendant’s Claim for Compensation for Medical Expenses.”

B. The Plaintiff is the Plaintiff that caused the damage equivalent to KRW 880,000 to the Defendant due to the instant accident involving traffic expenses.

C. Reasons for consolation money 1: The argument of this case, such as the background of the accident in this case, the defendant's age, the part and degree of the disability in the aftermath, the treatment period, etc.

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